A-[xxx-xxx]
[period of review]
Public Document
[office/analyst]
[date]
[name]
[address]
Dear Sir or Madam:
I am writing to you on behalf of Enforcement and Compliance, a unit of the United States Department of Commerce. On [insert date], we initiated an administrative review of the antidumping duty order on [insert product name] in order to determine whether merchandise imported into the United States that you are believed to produce and/or export is being sold at dumped prices. Dumping occurs when imported merchandise is sold in, or for export to, the United States at less than the normal value of the merchandise; i.e., the United States price is less than the price at which identical or similar merchandise is sold in a foreign market (usually the home market of the producer and/or exporter of the merchandise), or is less than the constructed value of the merchandise. The product covered by this review is [insert short name of product] from [insert country]. We are examining sales, entries or shipments during the period [insert period of review dates]. We initiated the review based on a request filed by [insert name(s); if request filed by petitioners, also insert: on behalf of the United States industry producing the merchandise underreview.]
We are soliciting the information requested in the enclosed questionnaire to determine whether subject merchandise that you produced and/or exported was in fact sold in, or to, the United States at dumped prices. General instructions for responding to the questionnaire follow immediately after the table of contents. We have divided the questionnaire into five sections, A through E, and attached supplemental information, including a glossary of terms, in Appendices I through VII. Please review the contents page and ensure that you have received all the sections of the questionnaire. If you have not received the entire questionnaire, please contact the official in charge immediately.
You are requested to respond to sections A (General Information), B (Sales in the Home Market or to Third Countries), and C (Sales to the United States), and section D (Cost of Production/Constructed Value).[1] If, after examining sections A and C of the questionnaire, you conclude that your company and its affiliates did not have any U.S. sales or shipments during the review period identified above, please submit a statement to that effect, following the data submission requirements specified in the general instructions. If you do not submit such a statement for the administrative record in this case, we may conclude that your company has not been responsive to this questionnaire and may proceed on the basis of the facts otherwise available, as defined in the glossary at Appendix I of the attached questionnaire.
If any of the products covered by this review underwent additional processing in the United States before they were delivered to customers unaffiliated with your company, you are in general required to respond to section E (Cost of Further Manufacturing or Assembly Performed in the United States). However, if you believe the value added in the United States exceeds substantially the value of the merchandise imported into the United States (i.e., the value added in the United States represents at least 65 percent of the price of the merchandise charged to the first customers unaffiliated with your company), please contact the official in charge in writing immediately.
Please refer to the cover page and general instructions of the enclosed questionnaire for the time period covered by this review, the due dates for responding to the questionnaire, and the instructions for filing the response. We remind you that, beginning August 5, 2011, with certain, limited exceptions, all submissions for all proceedings must be filed electronically using Enforcement and Compliance’s ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the [date indicated on the cover page of the enclosed questionnaire, or state date here]. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date established here within.
For your convenience, the Department has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
ACCESS: External User Guide
ACCESS: Handbook on Electronic Filing Procedures
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
and Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
Please note that revised certification requirements are in effect for company/government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, parties submitting factual information must use the formats for the revised certifications provided at the end of the Final Rule.[2] Templates for these certifications are included as an appendix to this questionnaire.
The Department must conduct this administrative review in accordance with statutory and regulatory deadlines. If you are unable to respond completely to every question in the attached questionnaire by the established deadline, or are unable to provide all requested supporting documentation by the same date, you must notify the official in charge and submit a request for an extension of the deadline for all or part of the questionnaire response. If you require an extension for only part of your response, such a request should be submitted separately from the portion of your response filed under the current deadline. Statements included within a questionnaire response regarding a respondent’s ongoing efforts to collect part of the requested information, and promises to supply such missing information when available in the future, do not substitute for a written extension request. Section 351.302(c) of the Department’s regulations requires that all extension requests be in writing and state the reasons for the request. Any extension granted in response to your request will be in writing; otherwise the original deadline will apply.
If the Department does not receive either the requested information or a written extension request before 5 p.m. ET on the established deadline, we may conclude that your company has decided not to cooperate in this proceeding. The Department will not accept any requested information submitted after the deadline. As required by section 351.302(d) of our regulations, we will reject such submissions as untimely. Therefore, failure to properly request extensions for all or part of a questionnaire response may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act.
Should you have any questions about this matter, please contact [lead analyst or program manager] at (202) 482-[xxxx].
Sincerely,
[xxx]
[Title]
AD/CVD Operations, Office[Insert Office Number]
Enclosure
1
UNITED STATES DEPARTMENT OF COMMERCE
ENFORCEMENT AND COMPLIANCE
ANTIDUMPING AND
COUNTERVAILING DUTY OPERATIONS
OFFICE [Insert Office Number]
REQUEST FOR INFORMATION
ANTIDUMPING DUTY ADMINISTRATIVE REVIEW
(NAME of RESPONDENT)
(COUNTRY)
(PRODUCT)
PERIOD OF REVIEW: [insert period of review dates]
RESPONSE DUE DATE: (specify by section)
For Department use only. This box should be deleted before sending the questionnaire to respondents. The response due date should be 21 days from the date of the questionnaire for section A and 37 days from the date of the questionnaire for the other sections.OFFICIALS IN CHARGE:
For Department use only. This box should be deleted before sending the questionnaire to respondents. List two names here, the program manager and the lead analyst.NAME:NAME:
PHONE: (202) 482XXXXPHONE: (202) 482XXXX
FAX: (202) 482XXXXFAX: (202) 482XXXX
E-MAIL: -MAIL: [email protected]
A response must be submitted electronically using Enforcement and Compliance’s ACCESS at .
For the electronic filing regulations, please refer to: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011) and Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014). You may also obtain the following electronic filing guidelines on the ACCESS website ( ACCESS External User Guide, ACCESS Handbook.
CONTENTS
General Instructions
Section AOrganization, Accounting Practices, Markets and Merchandise
Section BSales in the Home Market or to a Third Country
Section CSales to the United States
Section DCost of Production and Constructed Value
Section ECost of Further Manufacture or Assembly Performed in the United States
Appendix IGlossary of Terms
Appendix IIInstructions for Submitting Computer Databases and Spreadsheets
Appendix IIIDescription of Products Under Review
Appendix IVCertifications of Factual Accuracy and Certificate of Service
Appendix VCase-Specific Questions and Modifications, Including Matching Criteria
Appendix VIArms-Length Sales to Affiliated Parties
Appendix VIISales Database Summaries
G-1
GENERAL INSTRUCTIONS
Note: The latest antidumping questionnaires, antidumping procedures manual, which provides guidance useful for calculating much of the information requested below, and relevant laws and regulations can be found at the following links:Antidumping Questionnaires
Antidumping Procedures Manual
Laws and Regulations
This questionnaire requests information to enable the United States Department of Commerce (the Department) to determine whether your company dumped the subject merchandise in the United States.[3] Dumping is the sale of merchandise to the United States at prices below the normal value of the merchandise. If you have questions, we urge you to consult with the official in charge named on the cover page. If for any reason you do not believe that you can complete the response to the questionnaire by the date specified on the cover page of this questionnaire, or in the form requested, you should contact the official in charge immediately. You must formally request an extension of time in writing. Any extension will be approved in writing; otherwise the original deadlines will apply.
Your response to the questionnaire should include all of the information requested. It is essential and in your interest that the Department receive complete information early in the proceeding to ensure a thorough and accurate analysis and to provide all parties the fullest opportunity to review and comment on your submission and the Department’s analysis. We appreciate your cooperation in this review.
Note: This review will be conducted on a schedule dictated by law. If you fail to provide accurately the information requested within the time provided, the Department may be required to base its findings on the facts available. If you fail to cooperate with the Department by not acting to the best of your ability to comply with a request for information, the Department may use information that is adverse to your interest in conducting its analysis.This questionnaire consists of the following sections:
Section A requests information about your organization and accounting practices, and general information regarding sales of the merchandise under review.
Section B requests information about your home market, or where appropriate, a third-country market,[4] including a sales list and other information necessary for us to calculate the normal value of the merchandise.
Section C requests information about the United States market, including a sales list and other data necessary to calculate the price in or to the United States market.
Section D requests information about the cost of production of merchandise sold in the foreign market and the constructed value of merchandise sold in or to the United States, which may be required in connection with the calculation of normal value.
Section E requests information about further manufacturing or assembly in the United States prior to delivery to unaffiliated United States customers.
Please comply with the following general instructions for filing and preparing your response to this questionnaire.
- Instructions for Filing the Response
The following instructions apply to your response to this questionnaire and all other documents you submit to the Department during the course of this proceeding, such as responses to additional questionnaires, extension requests, and case briefs.
Note: Please label the electronic files that you upload in a manner indicating their specific contents. For example, ABC Ltd March 15 QR – Exhibits 10-15, rather than ABC Ltd March 15 QR – part 3. If possible, please do not split exhibits between electronic files.- Due Date
- All submissions must be made electronically using the Department’s ACCESS website at If an exception to the electronic filing requirement applies, you must address and manually submit your response to the address indicated on the cover page of this questionnaire. To determine if your response qualifies for manual filing, see the section on “Manual Filing” below. All laws, regulations, and other descriptive materials that supplement your responses should be submitted on the same date as the initial response.
- The business proprietary response should be submitted on the day specified on the cover page of this questionnaire. The public version of the response may be filed one business day after the proprietary response.
- An electronically filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time (ET) on the due date, unless an earlier time is specified. Where applicable, a submitter must manually file a document between the hours of 8:30 a.m. and 5 p.m. ET on the due date, unless an earlier time is specified.
- Format
- You are required to state in the upper right-hand corner of your cover letter the following information in the following format:
- on the first line, indicate the case number stated on the cover page to this questionnaire;
- on the second line, indicate the total number of pages in the document including cover pages, appendices, and any unnumbered pages;
- on the third line, indicate the specific segment of the proceeding, (e.g., investigation, administrative review, scope inquiry, suspension agreement, etc.) and, if applicable, indicate the complete period of review (MM/DD/YY - MM/DD/YY);
- on the fourth line, indicate the Department office conducting the proceeding;
- on the fifth and subsequent lines, indicate whether any portion of the document contains business proprietary information and, if so, list the page numbers containing business proprietary information; and indicate the business proprietary/public status of the document and whether you agree or object to release of the submitted information under administrative protective order (APO) by stating one of the following:
- “Business Proprietary Document -- May Be Released Under APO,”
- “Business Proprietary Document -- May Not Be Released Under APO,”
- “Business Proprietary/APO Version-- May Be Released Under APO,” as applicable,
- “Public Version,” or
- “Public Document.”
- Please include a “Re:” line on the cover letter of your response, or any other submissions you make during this proceeding. In the Re: line, briefly summarize the purpose of your submission, e.g., “response to questionnaire,” “case brief.”
- Prepare your response in typed form and in English (see 351.303(d) and (e) for these and other formatting requirements). Include an original and translated version of all pertinent portions of non-English language documents that accompany your response, including financial statements.
- Repeat the question to which you are responding in your narrative submission and place your answer directly below it. The Department will provide an electronic version of this questionnaire for your convenience.
- Please respond to each question. If a particular question does not apply, please state so and explain why in your response. Failure to do so could lead to the use of adverse inferences for that particular question.
- In each of your answers, please identify your source of information. Please include with your response copies of source documents necessary to understand your response. For additional information sources not included in your response, indicate the location where the documents or electronic data systems are maintained. If information is maintained at multiple locations, please list in an appendix to your response these locations along with notes indicating the information maintained at each location. This information is used by the Department to prepare for verification.
- Include all worksheets, financial reports, and other requested documents as appendices to your response.
- Provide a table of attachments. Assign a number to each attachment and include a descriptive name for each attachment and its number in the table.
- All monetary amounts should be shown in the currency in which they were originally denominated, and in the currency in which they are registered in your accounts (if the two are different). Also, report the actual exchange rate used for a particular conversion. For all values adjusted for inflation, please provide the data in both nominal and adjusted terms and explain how these values were adjusted.
Identify all units of measurement, currencies, and conversion factors used in your narrative response, worksheets, or other appendices. For electronic databases submitted in antidumping proceedings, you must complete Appendix VII, which is a template providing a standard format for reporting the units of measurement, currencies, and conversion factors. Please complete a separate template for each database submitted (home market sales, U.S. sales, cost, etc.) and be sure to provide the requested data for each numerical field in the database. In addition, for antidumping proceedings, please refer to Appendix II (not included for countervailing duty (CVD) proceedings), which includes additional information for submitting databases.
- It is your responsibility to contact the official in charge if subsequent to your filing there are events that affect your response (e.g., changes in your cost accounting system are relevant to antidumping proceedings, and changes as a result of an audit are relevant to both antidumping and CVD proceedings).
- Manual Filing
- All submissions must be filed electronically. Only under the following four circumstances will the Department accept a hardcopy response that is manually filed:
- Documents exceeding 500 pages in length may be filed manually (in paper form) in the APO/Dockets Unit. This is referred to as a “bulky document.”
- Data files greater than 20 MB must be filed manually on CD-ROM or DVD.
- If the ACCESS system is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour between 12:00 p.m. and 4:30 p.m. ET or for any duration of time between 4:31 p.m. and 5:00 p.m. ET, then a person may manually file the document in the APO/Dockets Unit. The Department will provide notice of such technical failures on the ACCESS Help Desk line at 202-482-3150 and on the Enforcement and Compliance website, which is
- Apart from the above, if you are unable to comply with the electronic filing requirement, as provided in 19 CFR351.103(c) of the Department’s regulations, and in accordance with section 782(c) of the Tariff Act of 1930, as amended (the Act), you must promptly notify the official in charge and submit a full written explanation of the reasons you are unable to file the document electronically. You must also suggest alternative forms in which to submit the information. The Department will consider the ability of a submitter and may modify the electronic filing requirement on a case-by-case basis.
- All manually filed documents must be accompanied by a cover sheet generated in ACCESS. For manually filed bulky documents, separator sheets must also be generated and used.
- If your response qualifies as a bulky document and you opt to file it manually, you must file two identical paper copies of the document. For all other authorized manual submissions, only one paper copy is required.
- Manual submissions must be addressed and submitted to:
Secretary of Commerce